Massachusetts Child Support Modification

Providing financial support for minor children is both parents' responsibility. Typically, the non-custodial parent (NCP) pays the child support. The courts determine the amount of child support using the Massachusetts child support guidelines.

The amount of child support payments depends on several factors, including the parent's income, the number of children, and the number of overnights each parent has with their children. Given that any of these things can change over time, it's no surprise that family law judges entertain parents' requests to reduce or increase child support.

Here, we'll briefly discuss how the courts calculate child support and how to request a child support modification under Massachusetts law.

How Do the Massachusetts Courts Determine Child Support?

If you and your child's other parent don't have a child support agreement, a judge will decide. When determining child support, the court defers to the Massachusetts child support guidelines and the child support guidelines worksheet. The court will also consider other factors affecting the paying parent's child support obligation.

Some of these factors include:

  • The parent's financial statements/financial information
  • The parents' gross income
  • Child custody and parenting time
  • Number of children
  • Whether either parent receives or pays alimony
  • Whether there is a child support order (for the same children or children from another relationship)
  • Which parent pays for childcare and health insurance/health care coverage

The court uses these figures, along with the state guidelines, to calculate child support. Under federal law, the guidelines amount is presumptive. The parents must show that applying the guidelines would be inappropriate or unjust.

Why Do Parents Request a Child Support Modification?

The court's primary concern when determining child support is that the custodial parent can meet their child's needs. The best interests of the child are the only thing the judges consider.

Although the initial child support order might be appropriate based on the parent's financial situation when the judge issues it, there are times when the court needs to modify it.

For instance, if you change jobs and your income changes, it seems fair that the court will modify your child support obligation accordingly. The courts understand that material changes in income will affect child support.

But you can't just stop making your child support payments. You must start the appropriate child support modification proceedings and wait for the judge's ruling before making any changes.

Massachusetts Child Support Modification at a Glance

It's never easy for a layperson to read and understand state statutes and comprehensive laws. Below is a chart that explains Massachusetts child support modification laws.

Statutes

Massachusetts General Laws:

 

Reasons used to modify child support

 

Material and Substantial Change in Circumstances

A parent must show a "material and substantial change in circumstances" to warrant a child support modification.

Massachusetts courts agree that the following reasons meet this requirement:

  • Health insurance that was available for a reasonable cost before is no longer available
  • One parent now has access to previously unavailable and affordable health insurance
  • Job loss or job change
  • Significant decrease in income
  • Change in child's living arrangements

Inconsistency Standard

A judge may modify a child support order if the amount of the existing order is inconsistent with the amount that would result from applying the child support guidelines.

Modification process: parents agree
  • If you and the other parent agree to change child support, you will file a copy of the order and requisite court forms
  • Once you file the necessary forms, you wait for the judge to approve your request
  • You will get a copy of the court’s decision within 30 days
  • If the court requires a hearing, it will notify both of you within 21 days
Modification process: parents disagree

If only one parent wants to change the support order, the modification process will depend on whether the Department of Revenue (DOR) participates in the child support arrangement.

If the DOR is involved:

  • Contact them directly
  • Your case manager will help you if they agree there is a legal basis for the modification

If the DOR is not involved:

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a family law attorney or conduct legal research to verify your state laws.

Contact a Massachusetts Attorney for Help With Child Support Modification

You should want to ensure your child's well-being. But sometimes, one or both parents believe their child support payments should change. If you want to file a child support modification, contact an experienced Massachusetts child support attorney to discuss your child support issues.

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